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34 U.S.C. § 10288 — Due diligence in paying benefit claims
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.
**(b) Sufficient information unavailable** If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—
(1) may use available investigative tools, including subpoenas, to—
(A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and
(B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and
(2) may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).
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Stable record: federal_law:legal_authorities:record_usc_b341322f2cbdafc13f8f3f06
Source file: Laws/federal/codes/united-states-code/title-34/section-10288-due-diligence-in-paying-benefit-claims--edfddeb4df.md
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Source location: Title 34, Chapter 101, § 10288; chapter-101-justice-system-improvement.md
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**(a) In general** The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.
**(b) Sufficient information unavailable** If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—
(1) may use available investigative tools, including subpoenas, to—
(A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and
(B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and
(2) may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amount; recipients** In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau, as follows (if the payee indicated is living on the date on which the determination is made)—
(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;
(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse;
(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);
(4) if there is no surviving spouse of the public safety officer and no surviving child—
(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or
(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the tim
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10281
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No benefit shall be paid under this subchapter—
(1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;
(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;
(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;
(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or
(5) with respect to any individual employed in a capacity other than a civilian capacity.
**(b) Presumption** In determining whether a benefit is payable under this subchapter, the Bureau—
(1) shall presume that none of the limitations described in subsection (a) apply; and
(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10282
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796c–1 was editorially reclassified as [section 10286 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10286&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796c–3
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796c–3 was editorially reclassified as [section 10288 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10288&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796d–1
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Federal law — U.S. Code and appendices · legal_authorities
Page 99
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10302
Commerce, Justice, Science, and Related Agencies Ap-
propriations Act, 2008, and the Consolidated Appropria-
tions Act, 2008, and not as part of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 which com-
prises this chapter.
Section was formerly classified to section 3796c–2 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
AMENDMENTS
2013—Pub. L. 112–239 substituted ‘‘final determina-
tions’’ for ‘‘final decisions’’, struck out ‘‘(including
those, and any related matters, pending)’’ after ‘‘exclu-
sive jurisdiction thereof’’, and inserted three provisos
at end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Pub. L. 112–239 effective Jan. 2, 2013,
and applicable to matters pending on Jan. 2, 2013, or
filed or accruing after that date, with certain excep-
tions, see section 1086(d) of Pub. L. 112–239, set out as
a note under section 10251 of this title.
§ 10288. Due diligence in paying benefit claims
(a) In general
The Bureau, with all due diligence, shall expe-
ditiously attempt to obtain the information and
documentation necessary to adjudicate a benefit
claim filed under this subchapter, including a
claim for financial assistance under part B.
(b) Sufficient information unavailable
If a benefit claim filed under this subchapter,
including a claim for financial assistance under
part B, is unable to be adjudicated by the Bu-
reau because of a lack of information or docu-
mentation from a third party, such as a public
agency, and such information is not readily
available to the claimant, the Bureau—
(1) may use available investigative tools, in-
cluding subpoenas, to—
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10288
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